Page No.# 1/3 GAHC010075212025 2025:GAU-AS:5882 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MACApp./149/2025 ALLAUDDIN AHMED S/O LT. MAMTAZ ALI, R/O VILL. BIHPURIA WARD NO 1, P.O. AND P.S. BIHPURIYA, DIST. LAKHIMPUR, ASSAM, PRESENT ADDRESS- BONGAIGAON WARD NO 25, P.O. AND DIST. BONGAIGAON, ASSAM. 2: JAMAL ALI S/O LT. MAMTAZ ALI R/O VILL. BIHPURIA WARD NO 1 P.O. AND P.S. BIHPURIYA DIST. LAKHIMPUR ASSAM PRESENT ADDRESS- BONGAIGAON WARD NO 25 P.O. AND DIST. BONGAIGAON ASSAM VERSUS THE NEW INDIA ASSURANCE COMPANY LIMITED REPRESENTED BY THE DIVISIONAL MANAGER, BONGAIGAON DIVISION, BONGAIGAON, P.O. AND DIST. BONGAIGAON, ASSAM, PIN 783380 For the petitioner(s) : Mr. M. Khan, Advocate For the respondent (s) : Mr. K. K. Bhatta, Advocate Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 09.05.2025 Heard Mr. M. Khan, the learned counsel appearing on behalf of the petitioner and Mr. K. K. Bhatta, the learned counsel appearing on behalf of the respondent Insurance Company. 2. This is an Appeal filed under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and award dated 21.01.2025 passed in MAC Case No.243/2022 by the learned Member, Motor Accident Claims Tribunal, Bongaigaon. 3. The sole ground for filing the instant Appeal is on the ground that though the learned Tribunal had adjudged the compensation at Rs.5,87,800/- along with interest @ 6% per annum, but without assigning any reason had granted interest only from the date of filing of the evidence by the claimants and not from the date of filing of the claim petition which is the norm. 4. When the matter was listed before this Court on the 23.04.2025, this Court enquired with the respondent Insurance Company as to whether they would have any objection as regards the said ground of objection so taken. 5. Today, Mr. K. K. Bhatta, the learned counsel appearing on behalf of the respondent submitted that the respondent Insurance Company Page No.# 3/3 would not oppose the granting of the interest @ 6% from the date of filing of the claim petition. 6. Taking into account the above, this Court therefore disposes of the instant Appeal thereby modifying the judgment and award dated 21.01.2025, passed in MAC Case No. 243/2022 by the learned Tribunal only to the extent that the interest on the compensation so awarded @ 6% per annum shall be calculated from the date of filing of the claim petition and not from the date of filing of the evidence by the claimants. 7. This Court further observes that the other aspects pertaining to the said judgment and award, more particularly stated in paragraph No.13 of the said judgment and award shall remain as it is. 8. With the above, the instant Appeal stands disposed of. JUDGE Comparing Assistant